CHAPTER 68 - APPROPRIATION TO PAY CLAIM AGAINST THE STATE OF DELAWARE

AN ACT TO APPROPRIATE MONEY TO EDWARD H. MITCHELL AND LEUELLE 0. MITCHELL AS COMPENSATION FOR DAMAGES SUFFERED THROUGH THE NEGLIGENCE OF THE STATE HIGHWAY DEPARTMENT.

WHEREAS Edward H. Mitchell and Leuelle 0. Mitchell are the owners of a certain tract, piece and parcel of land situated in Kenton Hundred, Kent County and State of Delaware described as follows:

All that certain tract, piece and parcel of land situated in Kenton Hundred, Kent County and State of Delaware, adjoining lands late of the heirs of Samuel Catts, deceased, known as the Rose Hill farm, lands late of Daniel C. Bailey, now of J. Harold Bailey, lands formerly of John W. Thompson, now of C. Stanley Short, lands late of Charles T. Downs, now of J. Elwood Teat, lands of Benjamin Bedwell, lands late of Charles S. Hirons, now of William J. Carter, and lands of others, and containing five (5) acres of land, be the same more or less; the improvements thereon being a two story frame grist mill and two frame dwelling houses, also the mill site or seat known as Kepner's, Central or Massey's Mills, and all that the mill pond, mill branch or branches belonging and appertaining to the said mill site and furnishing the water power thereto, and the mill dam, water and race gates, upland, cripple and low land, and all the lands and premises covered with the waters of said mill pond or necessary to be covered with the waters thereof in order to constitute a sufficient pond for the use of said, mill, the lands on each side of said mill pond and constituting the banks thereof, and all other the lands and premises and rights, easements and appurtenances appertaining to said mill property or used in connection with the same.

AND WHEREAS the mill dam and gates form a part of the Highway system of the State of Delaware and were installed and maintained by said State Highway Department.

AND WHEREAS because of the negligence and carelessness of the said State Highway Department said mill dam was washed out on July 5, 1936, and were not replaced until November 7, 1936, thereby causing damage and loss to the said Edward H. Mitchell and Leuelle 0. Mitchell.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

That the sum of Three Thousand Dollars ($3000.00) be and the same is hereby appropriated out of the State Highway Funds to Edward H. Mitchell and Leuelle 0. Mitchell to compensate them for loss and damage to their Mill Property and business.

Approved May 20, 1937.